Hunter v. Corrections Corporation of America et al

Filing 19

ORDER directing the U S Marshal to locate and serve defendant Medlin and report back to the Court within 21 days of this order, (Compliance due by 2/12/2015). Signed by Magistrate Judge Brian K. Epps on 1/22/15. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
CURTIS HUNTER,
Plaintiff,
v.
CORRECTIONS CORPORATION OF
AMERICA, et al.,
Defendants.

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CV 314-035

ORDER
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Plaintiff, an inmate incarcerated at Dooly State Prison in Unadilla, Georgia, commenced the
above-captioned case pursuant to 42 U.S.C. § 1983, concerning events alleged to have occurred at
Wheeler Correctional Facility (“WCF”) in Alamo, Georgia. On November 13, 2014, the Court
directed the United States Marshal to effect service of process upon Defendants. (Doc. no. 14.) On
December 31, 2014, the U.S. Marshal’s Return of Service form for Defendant Jason Medlin came
back unexecuted. (Doc. no. 18.) The form indicated that Jason Medlin was no longer employed at
Wheeler Correctional Facility. (Id.)
Because “reasonable efforts” must be made to effect service, see Richardson v. Johnson, 598
F.3d 734, 740 (11th Cir. 2010), the Court finds it appropriate that further steps be taken to effect
service in this case. While the Court is aware that the Return of Service indicates some ambiguity as
to Defendant Medlin’s current location, the Marshal should be able to utilize other resources to locate
and serve that Defendant.

Accordingly, the Court DIRECTS the U.S. Marshal to use reasonable efforts to locate
Defendant Medlin and ensure that he is served with a copy of the amended complaint (doc. no. 11),
the current operative complaint in this case, through requesting waiver of service. Of course, should
personal service become necessary in the future due to Defendant Medlin’s failure to comply
with a valid request for waiver of formal service, he will be responsible for the costs of personal
service unless good cause can be shown for the failure to return the waiver. Fed. R. Civ. P.
4(d)(2). The Marshal is FURTHER DIRECTED to notify the Court within twenty-one days of the
date of this Order as to whether Defendant Medlin has been located and served. Plaintiff is reminded
that he is responsible for providing sufficient information for the Marshal to identify and locate
Defendants to effect service; thus, if the Marshal makes reasonable efforts to effect service but is not
able to do so because of insufficient information, any unserved Defendant may be dismissed from
this case for failure to effect service.
Additionally, the Court has become aware that the November 13th Order directing
service of process upon Defendants referenced the original complaint in this case. (Doc. no. 14,
p. 3.) An amended complaint has been filed and is the current operative complaint in this case.
(Doc. no. 11.) Although no attorney has made an appearance in this case, the Court is cognizant
that Stephen E. Curry customarily represents Defendants in other cases before this Court. To
avoid confusion over which complaint must be answered, the Court DIRECTS the Clerk to mail

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the amended complaint and this Order to Mr. Curry at 3508 C Professional Circle, Martinez, GA
30907-2220.
SO ORDERED this 22nd day of January, 2015, at Augusta, Georgia.

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